789 Phil. 163
PERALTA, J.:
Criminal Case No. 8255-69
On or about May 29, 2011, at around 8:30 o'clock in the evening, in Sitio Matagoy, Barangay Rizal, Silay City, Negros Occidental. Philippines and within the jurisdiction of this Honorable Court, the above-named accused, not being authorized by law to sell, dispense, deliver, transport or distribute any dangerous drug, did then and there knowingly, unlawfully and criminally sell, dispense, deliver, transport, distribute or act as broker in the said transaction Zero Point Zero Three (0.03) grams of Methamphetamine Hydrochloride or shabu, a dangerous drug.
CONTRARY TO LAW.
Criminal Case No. 8256-69
On or about May 29, 2011, at around 8:30 o'clock in the evening, in Sitio Matagoy, Barangay Rizal, Silay City, Negros Occidental. Philippines and within the jurisdiction of this Honorable Court, the above-named accused, not being authorized by law [to] possess or use any dangerous drug did then and there, knowingly, unlawfully and criminally have in her possession and control Zero Point Zero Three (0.03) grams of Methamphetamine Hydrochloride or shabu, a dangerous drug.
CONTRARY TO LAW.
WHEREFORE, PREMISES CONSIDERED:
In Criminal Case No. 8255-69, this Court finds accused, Rusgie Garrucho y Serrano GUILTY beyond reasonable doubt of Violation of Section 5 of Article II of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002", as her guilt was proven by the prosecution beyond any reasonable doubt.
ACCORDINGLY, this Court sentences accused, Rusgie Garruclio y Serrano, to suffer the penalty of life imprisonment, the same to be served by her at the Correctional Institution for Women, Mandaluyong City, Metro Manila.
Accused named is, further, ordered by this Court to pay a fine of P500,000.00, Philippine Currency.
In Criminal Case No. 8526-69, this Court finds accused, Rusgie Garrucho y Serrano, GUILTY beyond reasonable doubt of Violation of Section 11(3) of Article II of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002". as her guilt was, likewise, proven by the prosecution beyond any reasonable doubt.
ACCORDINGLY, and in application of the pertinent provision of the Indeterminate Sentence Law, this Court sentences accused, Rusgie Garrucho y Serrano, to suffer the penalty of imprisonment for a period of from FOURTEEN (14) YEARS and ONE (1) DAY to SEVENTEEN (17) YEARS, the same to be served by her at the Correctional Institution for Women, Mandaluyong City, Metro Manila.
Accused named is, further, ordered by this Court to pay a fine of P500,000.00, Philippine Currency.
The two (2) sachets of small, heat-sealed transparent plastic sachets containing methamphetamine hydrochloride (shabu), with an aggregate weight of 0.06 grams, are ordered remitted to the Negros Occidental Provincial Police Office (NOPPO), Camp Alfredo Montelibano, Sr., Bacolod City, for proper disposition.
In the service of the sentence imposed on her by this Court, accused named shall be given full credit for the entire period of her detention pending trial.
NO COSTS. SO ORDERED.[3]
WHEREFORE, the appeal is DENIED. The Decision dated September 19, 2012, of the Regional Trial Court, Sixth Judicial Region, Branch 69, Silay City, in Criminal Case Nos. 8255-69 and 8256-69 is AFFIRMED WITH MODIFICATION. For violation of Section 11, Article II of RA No. 9165, We impose the indeterminate penalty of imprisonment of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and one (1) day, as maximum, and affirm the line of P300,000.00
Costs against accused-appellant.
SO ORDERED.[4]
I
x x x IN FINDING ACCUSED-APPELLANT GUILTY OF THE CRIME OF ILLEGAL SALE OF PROHIBITED DRUG DESPITE THE FAILURE OF THE PROSECUTION TO PROVE THAT THE TRANSACTION OR SALE OF SHABU TOOK PLACE;II
x x x IN FINDING ACCUSED-APPELLANT GUILTY OF ILLEGAL POSSESSION OF SHABU DESPITE THE IRRECONCILABLE INCONSISTENCIES IN THE TESTIMONY OF PROSECUTION WITNESSES;III
x x x IN FINDING ACCUSED-APPELLANT GUILTY DESPITE THE FAILURE OF THE PROSECUTION TO PROVE, PRESENT, IDENTIFY AND OFFER IN EVIDENCE THE CORPUS DELICTI OF THE CRIMEIV
x x x IN FINDING ACCUSED-APPELLANT GUILTY OF Till' CRIMES CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO ESTABLISH AN UNBROKEN CHAIN OF CUSTODY OF THE SEIZED ITEMS.[5]
Direct Examination of PO3 Rebadomia
x x x x PROS[ESCUTOR] [MA. LISA LORRAINE] ATOTUBO Q: On May 29, 2011, were you on duty aft] around 8:00 in the afternoon? A: Yes ma'am. Q: What happened? A: At 8:30 of May 29, we recorded the P500.00 bill at the Police Blotter Entry to be used as marked money and we went to Matagoy St., Rizal, Silay City, together with our confidential asset that will act as poseur buyer. x x x x Q: After you have the marked money recorded in the police blotter what did you do? A: We went to Sitio Matagoy together with the poseur buyer. At live (5) meters away we positioned ourselves and saw the suspect that [s]he did not identify us as police officers. Q: What happened when you were about five (5) meters away from that suspect? A: We were positioning ourselves that the poseur buyer's position was advantageous with us. Q: What happened? A: The poseur buyer handed the marked money. After the transaction [was] completed he raised h[er] hand and touched h[er] cap as a signal that the transaction was completed. Q: What did you do when the poseur buyer likewise, raised his hand as a signal that the transaction was completed'? A: We immediately rushed to the suspect and arrested h[er]. Q: How did you effect the arrest? A: We informed h[er| that we arc police officers and we arrested h[er] for Violation of Anti-Illegal Drugs. We recovered the suspected shabu which we marked as "RSG-1." Q: When you effect[ed] the arrest of the suspect, the police buyer was there also? A: Yes ma'am. Q: After you recovered the sachet of shabu [from] the poseur buyer what happened? A: He handed to us the sachet of shabu and we brought the suspect to the police station. Q: Were you about to recover from the suspect? A: At first we were able to get the sachet of shabu after that we brought h[er] to the police station as [s]he was resisting the effect of our arrest. Q: You said that the poseur buyer g[a]ve one (I) sachet of shabu? A: Yes ma'am. Q: And you recovered] one (1) sachet from that station? A: Yes ma'am. Q: All in all there were two (2) sachets that you found in the possession of the accused? A: Yes the one given to me by the poseur buyer which I marked as "RSG-1" and "RSG-2" which was found from h[er] possession at the police station. x x x x Q: Aside from the two (2) sachets what else? A: The aluminum [Toil] which I marked as "RSG-3'" and the P22.00 cash. Q: That is the only amount you recovered? A: Yes ma'am. Q: What about the marked money? A: Yes ma'am. x x x x Q: I am showing to you the money - one of them taken from the possession of the accused. INTERPRETER: Let the record show that witness is presented an aluminum foil which was marked as RSG-I which was marked as Exhibit "1" Q: How about this P500.00 bill? A: It is in h[er] possession. Q: How about these sachets of two (2) suspected shabu, where was these taken? A: These we marked "RSG-1" and it was previously marked as "Exhibit H-3" and "H-3-1." x x x x Q: RSG-1 was recovered from the Buy Bust Operation and "RSG-2 at the station? A: Yes ma'am. Q: After you brought the accused at the police station and recovered these items what happened? A: We brought these items to the Crime Laboratory for direct testing and drug examination. x x x x Q: You said that you brought the accused to the Noppo, were there documents you prepared? A: I prepared for drug testing and drug examination. Q: If this document be presented to you would you be able to identify it? A: Yes ma'am. INTERPRETER: Let the records show witness is being presented a document denominated Memoranda dated May 13, 2011. Q: Is this the one you are referring to? A: Yes ma'am. PROS. ATOTUBO: May I request that this be marked as Exhibit "B." Q: Aside from this request for direct testing what other document that you prepared? A: Request for Laboratory Examination. PROS. ATOTUBO: Your Honor we would like to mark the Request for Laboratory Examination be marked as Exhibit "C". Q: What did you do with the items allegedly taken from the accused? A: We recorded the evidence for inventory. Q: Do you prepare any document? A: Yes ma'am. Q: If that inventory be ... shown to you would you be able to identify? A: Yes ma'am. Q: I am showing to you a Certificate of Inventory, is this the one that you prepared? A: Yes ma'am. Q: There is a signature on top of the name of PO3 Libo-on, whose signature is this? A: That is mine. PROS. ATOTUBO: Your Honor we would like to mark that the Certificate of Inventory be marked as Exhibit "E" and the signature of Ian Libo-on as Exhibit "E-1". COURT: Make the markings as prayed. PROS. ATOTUBO: x x x x Q: How about the accused, was [s]he able to sign? A: The accused acknowledged h[er] signature. x x x x Q: When she signed the Certificate of Inventory signed by Rusgie Garr[u]eho which was marked as Exhibit "'E-2", aside from the Certificate of Inventory, what else did you prepare? A: I prepare[d] for the Custody Form. Q: What is the purpose? A: Compliance with Section 21, Republic Act 9165, so that you will know that the evidence will be presented was forwarded to the Crime Laboratory. x x x x PROS. ATOTUBO: We request that the Chain of Custody Form be marked as Exhibit "F" and the signature of Ian Libo-on be marked as "F-P and the person who received the receipt of the Custody Form - PO2 Ariel Magbanua be marked as "F-2" COURT: Make the markings as prayed. Q: After you prepared on this document what else happened? A: We filed the complaint to the Office of the Prosecutors. Q: Then what happened next? A: We presented the shabu together with the subject person for examination at the Crime Laboratory. Q: Were you able to get the results? A: The subject person is positive for methamphetamine hydrochloride otherwise known as shabu. Q: Can you recall if you have executed an Affidavit? A: Yes ma'am. x x x x Q: I am showing to you the Joint Affidavit of PO2 Rebadomia and Ian Libo-on, can you recall if this is the Affidavit that you executed? A: Yes that is my Affidavit. Q: There is a signature on top of the name PO2 Ian Libo-on, whose signature is this? A: That was the signature of PO2 Ian Libo-on PROS. ATOTUBO: You Honor we would like to request that the signature of PO2 Ian Libo-on be marked as Exhibit "A-2". Q: Do you still affirm and confirm the truthfulness of your Affidavit. A: Yes ma'am. PROS. ATOTUBO: That would be all for the witness.[12]
[PROS. ATOTUBO:] Q: On May 29, 2011 at around 8:30 in the evening, what happened? A: At around 8:30 of May 29, 2011, we caused the blotter of P500.00 peso bill to be used in the buy-bust operation. x x x x Q: You recorded that you will use the P500.00 as buy-bust money'? A: Yes ma'am. Q: Can you recall if you have secured a copy of that blotter? A: Yes ma'am. INTERPRETER: Let the records show that witness is showing the machine copy of the extract of the police blotter. Q: If I show the said blotter, can you authenticate if this is the one? INTERPRETER: Let the records show that witness is shown the original copy of said document. A: Yes ma'am. PROS. ATOTUBO: I would like to mark this as Exhibit "B", the Entry No. 01789 as "B-1" COURT: Mark it. PROS. ATOTUBO: Q: Mr. Witness, what was your purpose in having that serial number of the P500.00 bill recorded in the blotter? A: Because we will used that as marked money for our buy-bust operation. Q: You said it was P500.00. I am showing to you this P500.00 bill. What can you say about this P500.00 bill? INTERPRETER: Let the records show that witness is shown a P500.00 bill with Serial No. QS5226583. A: This is the marked money that we used. Q: How do you know that this is the same P500.00 bill? A: Aside from the blotter, we made marking in the last digit of the serial number. Q: And what number was that? A: Last digit No. 3. PROS. ATOTUBO: Your Honor, may I request that this P500.00 bill be marked as Exhibit "J" COURT: Mark it. PROS. ATOTUBO: Q: Mr. Witness, after you have caused the blotter of that serial number of the P500.00 will use for buy-bust operation, what then happened? A: We gave the P500.00 bill to our poseur-buyer and we proceeded to Sitio Matagoy. Q: Were you together with the poseur-buyer when you proceeded to Sitio Matagoy? A: Yes, but he went ahead of us. And then we followed, PO2 Ian Libo-on and me. x x x x Q: When you reached Matagoy where did you proceed? A: From where the poseur-buyer was, we were five minutes (sic) away from him Q: From where you are sitting, can you compare the position of the poseur-buyer? A: From where I am sitting, to the door of the courtroom. Q: And was there anyone with the poseur-buyer when you saw him or her? A: About 9:00, a female person approached him. Q: Since you said it was 9:00 in the evening, were you able to see the poseur-buyer and the person who approached the poseur-buyer? A: Yes, because the place was well-lighted. Q:
A: How about you, were you visible if you were five meters from the poseur-buyer?
They could not see us because only us can see them. Q: Why? A: Because where we were located, we were in a corner and we could see them if we peeked at them. Q: So, you said there was a woman who approached your poseur-buyer. What happened next? A: After that, the poseur-buyer handed something to the woman. Q: What did the poseur-buyer do next? A: After the woman handed something to him, he raised his right hand over this head. Q: And what was the meaning of that raising of his right hand? A: It means that the transaction was already completed. Q: So, what did you do? A: Immediately, we ran towards the woman and identified ourselves as police officers. Q: And what else? A: We arrested her after we identified ourselves as police officers and we apprised her of her constitutional rights. Q: And what was her reaction when she say you'? A: She was struggling to free herself while we were holding on to her. Q: If that person is in court, can you identify her? A: Yes, Ma'am. Q: Please look out and identify her. INTERPRETER: Let the records show that witness pointed to a person who gave her name as Rusgie Garrucho. Q: After that, what happened? A: Because there were many persons in the area, and the woman was shouting and struggling, we brought her to the police station, and we made an inventory at the police station. Q: What else happened? A: We asked the WCPD to inspect her. Q: Who was the police woman who inspected her? A: PO2 Hazel Dorado. Q: How about the items, were there items which were found in her possession? A: Yes, we recovered aluminum f[oi]l the P500.00 marked money and one sachet of shabu from her, as well as various amounts totaling P22.00. Q: I am showing to you this alleged aluminum foil, what can you say about this? INTERPRETER: Let the records show that witness is being presented an aluminum foil marked as RSGF. A: This was the aluminum foil which we recovered from her. Q: from where was this taken from her possession? A: From her pocket. PROS. ATOTUBO: May we request that this be marked as Exhibit "1". COURT: Mark it. PROS. ATOTUBO: x x x x Q: How many sachets of alleged shabu were taken from the accused? A: Aside from the one we bought, we found in her possession another sachet or a total of two sachets. Q: This one sachet was bought from the accused. The sachet bought from the accused, what happened to it? A: The other sachet of shabu which was bought from the accused was given by the poseur-buyer to us. Q: When was this given by the poseur-buyer? A: Immediately right in the area, he gave it to us. Q: There at Matagoy? A: Yes, Ma'am. Q: So, alter you have frisked the accused and the item was found in her possession, what else did you do? A: We have it laboratory-tested. x x x x Q: What were the documents which you prepared in order to have the substance which were taken from the accused undergo laboratory test? A: We prepared request for laboratory examination and request for drug test. x x x x Q: I am showing to you this, document for drug test. What can you say about this document? INTERPRETER: Let the records show that witness is being shown a document dated May 30, 2011, signed by P/Supt. Rosauro B. Francisco, Jr. A: This is the original copy of the document which we prepared. PROS. ATOTUBO: Your Honor, may I request that this request for drug test dated May 30, 2011 be marked as Exhibit "J" for the prosecution. COURT: Make the marking. PROS. ATOTUBO: Q: You said there was a request for laboratory examination which you prepared. I am showing to you this request for laboratory examination. What can you say about this document? A: This is the original copy of the document which we prepared. x x x PROS. ATOTUBO: Request that this document be marked as Exhibit "C" for the prosecution. COURT: Make the marking. PROS. ATOTUBO: Q: Aside from the request for drug test and request for laboratory examination, what other documents were you able to prepare? A: We prepared the certificate of inventory. x x x x Q: I am showing to you a certificate of inventory, one signatory of which is Rayjay Rebadomia. Is this the certificate of inventory which you prepared? A: Yes, Ma'am. Q:Here, the items which were seized from the accused as stated in your certificate of inventory, Item No. 1, two transparent plastic sachets of suspected shabu marked as RSG-1; Item No. 2, one aluminum foil with marking RSG-1 (sic); Hem No. 3, P500.00 bill marked money; Item No. 4, cash money marked as RSG-1 (sic).
Mr. Witness, you said that there were two plastic sachets of shabu marked as RSG-1 and RSG-2 which were the subject of the buy-bust operation.
A: The subject of the buy-bust operation was RSG-1 while the recovered sachet was marked RSG-2. Q: Is this your signature on top of the name RAYJAY REBADOMIA? A: Yes, Ma'am. PROS. ATOTUBO: We request that this be marked as Exhibit "B" and the name and signature of the witness be marked as Exhibit "B-l" COURT: Make the markings. PROS. ATOTUBO: Q: Aside from the certificate of inventory, were there other documents which you prepared? A: We also prepared chain of custody form. Q: What is this chain of custody form about? A: This document would show where we turned over the recovered items. Q: Where did you turn over the recovered suspected shabu? A: It was turned over by my companion, PO2 Ian Libo-on to the Provincial Crime Laboratory at Negros Occidental Provincial Office. PROS. ATOTUBO: May I request that this Chain of Custody form be marked as Exhibit "F" COURT: Make the markings. PROS. ATOTUBO: Q: Were you able to get the result of your laboratory examination and drug testing? A: Yes, we have. Q: What was the result for the request for drug test of the accused'? A: She was positive as user of shabu. Q: How about the request for laboratory examination, what was the result? A: It was found out positive. Q: Where was the request for drug test, do you have a copy of that? INTERPRETER: Let the records show that witness is presenting to the prosecutor the said document dated May 30, 2011. Q: We have here the initial laboratory report dated May 30, 2011. What can you say about this? A: This is the original copy of the request. x x x x PROS. ATOTUBO Your Honor, may I request that this laboratory result be marked as Exhibit "G". COURT: Make the marking. PROS. ATOTUBO: x x x x Q: I am showing to you this Chemistry Result No. D-094-2011. This is the original copy. Can you read the findings? A: "Qualitative examination conducted on the above-stated specimen show positive result of methamphetamine hydrochloride, a dangerous drug." x x x x Q: Mr. Witness, were you able to execute an affidavit regarding this case? A: Yes, Ma'am. x x x x Q:I am showing to you this Affidavit of PO3 Rayjay Rebadomia and PO2 Ian Libo-on. What can you say about this?
A: Yes, this is the original copy of our joint affidavit. PROS. ATOTUBO: May I request that this Join Affidavit be marked as Exhibit "B"? COURT: Mark it. x x x x PROS. ATOTUBO: Q: By the way, Mr. Witness, you said you entered into police blotter the serial number of the money. After you were able to apprehend the accused, were you able to enter the fact of the apprehension in the police blotter? A: Yes, it was in the blotter report. Q: Can you show it to me? INTERPRETER: Let the records show that witness is presenting to the Prosecutor a copy of the Extract Police Report dated May 30, 2011, specifically Entry No. 01793 dated May 29, 2011. PROS. ATOTUBO: Your Honor, may 1 request that the Entry No. 01793 be marked as Exhibit "E-2." COURT: Make the marking. PROS. ATOTUBO: Q: Mr. Witness, do you still affirm and confirm your statement in your Affidavit marked as Exhibit "A"? A: Yes, Ma'am. PROS. ATOTUBO: That is all for this witness.[13]
PROS. ATOTUBO: Q: You are a Forensic Chemical Officer of the PNP Crime Lab? A: Yes ma'am. Q: On May 30, 2011, were you on duty? A: Yes ma'am. Q: Can you recall if there was a request for drug test on certain Rusgie Garr[u]cho on said date? A: Yes ma'am. x x x x Q: Who was the person who requested a drug test for laboratory examination? A: P/Supt. Rosauro Fran[is]co, the Officer-in-Charge of Silay City Philippine National Police. Q: I have here a Request for Drug Test of the Silay City Philippine National Police, can you identify if this is the same request received by your office? A: Yes ma'am, I have here the rubber stamped of the PNP Crime Laboratory. Q: Is this the evidence you received from said letter? A: Yes ma'am. Q: Who was the person who received the request? A: PO2 Magbanua. PROS. ATOTUBO. May I request the Receipt for Drug Test be marked as Exhibit "B-1". Q: When you received this Request for Drug Test what happened next? A: Upon receiving the Letter Request PO2 Magbanua properly [pjreserved the urine specimen of Rusgie Garr[u]cho until I arrived at the office to conduct my laboratory examination. Q: When did you conduct the drug test? A: I conducted my drug test after lunch in the afternoon. Q: So the Request for Drug Test which was rubber stamped by your office was received when? A: In the morning at about 10:32 of May 30, 2011. x x x x Q: What is the result of the urine sample of Rusgie Garr[u]cho? A: After conducting the preliminary test we used of the test kit, I proceeded to conduct the confirmatory test for methamphetamine hydrochloride. Q: You have the result of the drug test? INTERPRETER: Let the records show witness is showing to the counsel a document denominated as Chemistry Report No. DT-065-2011 dated May 30, 2011 issued by Chief Insp. Jerome Puentespina. Q: Is this the final laboratory test? A: Yes ma'am. Q: Did you have initial laboratory report? A: Yes ma'am. Q: Why do you have two (2) laboratory report? A: If we could not release the test because we have to undergo the confirmatory test which will took (sic) awhile for the drug specimen we make initial report and immediately release it [but we have to confirm the identity of the person if indeed the presence of methamphetamine is indeed in the urine sample of the suspect. PROS. ATOTUBO: Your Honor we would like to request the Chemistry Report No. DT-065-2011 be marked as our Exhibit "G". COURT': Make the marking as praye[d]. PROS. ATOTUBO: x x x x Q: Can you read the Findings? A: "Qualitative examination conducted on the urine sample taken from the above-named living person gave POSITIVE result for Methamphetamine Hydrochloride, a dangerous drug. (Screening Test). PROS. ATOTUBO: We request that the conclusion be marked as Exhibit "G-3". Q: Aside from the Request for Drug Testing, were there other request from Silay City, Philippine National Police? A: Yes the Request for Laboratory Examination on two (2) heat sealed transparent plastic sachet['s] marked as "RSG-1" and "RSG-2". Q: You have that Request? INTERPRETER: Let the records show witness is showing to this Hon. Court a document denominated as Memorandum Request for Laboratory Examination dated May 30, 2011. Q: Is this the one you are referring to? A: Yes ma'am. PROS ATOTUBO: We have already marked this as Exhibit "C". x x x x Q: What are the specimens received by your office? A: The two (2) heat sealed transparent plastic sachets. Q: Were you able to conduct your examination on these two (2) specimens? A: Yes sir. Q: What kind of Test? A: The qualitative examinations - physical, chemical and confirmatory tests. Q: How did you conduct the qualitative examinations? A: The weighing of the samples. Q: How much is the weight of two heat sealed transparent plastic sachets? A: It contains 0.01 gram and the other one contains 0.02 grams of white crystalline substance marked as "RSG-1" and "RSG-2" with a total weight of 0.03 grams. Q: After weighing of the sample what test did you take? A: We proceeded to the Chemical Test — with the use of Simmons re-agents added to the representative sample produced color blue which indicates the presence of methamphetamine hydrochloride. Q: So both specimens change to blue color? A: Yes ma'am. Q: After conducting the Simmons' Test, what happened next? A: I conducted the confirmatory test to confirm the identity of the specimen of which thin later chromatography test was applied. x x x x Q: Your confirmatory [test] gave positive results on both specimens? A: Yes ma'am. Q: Do you have a Chemistry Report? A: Yes ma'am. INTERPRETER: Let the records show witness is presented a document denominated as Chemistry Report No. D-094-2011 dated May 30, 2011. PROS. ATOTUBO: Q: In this Chemistry Report, what were the specimens submitted? A: The two (2) heat sealed transparent plastic sachets containing 0.01 gram and 0.02 grams of white crystalline substance with markings "RSG-1" and "RSG-2". Q: What were your findings? A: Qualitative examination conducted on the above stated specimens gave positive result to the tests for Methamphetamine Hydrochloride (shabu) a dangerous drug. Q: What is your conclusion? A: Specimens A and B contain Methamphetamine Hydrochloride, a dangerous drug. PROS. ATOTUBO: Your Honor may I request that the Chemistry Report No. D-094-2011 be marked as Exhibit "H" and the Findings as "HI" and the Conclusion as "H-2"; the 2 specimens be marked as "H-3". Q: There is here the signature at the top of the printed name of Engr. Paul Jerome Puentespina, whose signature is this? A: That is mine. PROS. ATOTUBO: Your Honor the signature of Engr. Paul Jerome Puentespina be marked as Exhibit "H-4". PROS. ATOTUBO: Thai would be all for the witness.[14]
"A" - The Joint Affidavit of Arrest of PO3 Rebadomia and PO2 Libo-on;[15]
"B" - The Request for Drug Test dated May 30, 2011;[16]
"C" — The Request for Laboratory Examination Test dated May 30, 2011;[17]
"D" - The Extract of the Police Blotter Report dated May 30, 2011;[18]
"E" - The Certificate of Inventory;[19]
"F" - The Chain of Custody Form;[20]
"G" - The Chemistry Report No. DT-065-2011;[21]
"H" - The Chemistry Report No. D-094-2011 ;[22]
"I" - The Aluminum Foil;[23]
"J" - The marked money of P500.00 bill with Serial No. QS226583.[24]
"A" - The Joint Affidavit of Arrest of PO3 Rayjay Rebadomia and PO2 Ian Libo-on;
"B" - The Request for Drug Test dated May 30, 2011;
"C" - The Request for Laboratory Examination Test dated May 30, 2011:
"D" - The Extract of the Police Blotter Report;
"E" - The Certificate of Inventory;
"F" - The Chain of Custody Form;
"G" - The Initial Report dated May 30, 2011;
"H" - The Chemistry Report No. D-094-2011;
"I" - The Aluminum Foil;
"J" - The marked money of P500.00 bill with Serial No. QS226580;
"K" - Cash money in the amount of P22.00; and
"L'" — The pictures.[30]
Thru: Superintendent
CORRECTIONAL INSTITUTION FOR WOMEN
1550 Mandaluyong City
"WHEREFORE, the appeal is GRANTED. The Decision dated March 24, 2015 of the Court of Appeals in CA-G.R. CEB-CR. HC. No. 01579, which affirmed the Decision of the Regional Trial Court of Silay City, Branch 69, Sixth Judicial Region, in Criminal Case Nos. 8255-69 and 8256-69, is REVERSED and SET ASIDE. Accordingly, appellant Rusgie Garrucho y Serrano is ACQUITTED of the charges against her for violation of Sections 5 and 11(3), Article II of Republic Act. No. 9165.
The Director of the Bureau of Corrections (Correctional Institution for Women) is DIRECTED to cause the release of appellant, unless she is being lawfully held for another cause, and to inform the Court the date of her release or reason for her continued confinement, within five (5) days from notice.
SO ORDERED."